UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00110 Dana Simmons, Plaintiff, V. Commissioner, Social Security Administration, Defendant. Before BARKER, District Judge ORDER On March 26, 2019, plaintiff Dana Simmons filed this ac- tion under

(g) for judicial review of defendant's decision denying plaintiff's claim for disability insurance ben- efits. Doc. 1. The case was referred to United States Magistrate Judge John D. Love pursuant to

. Judge Love initially recommended dismissal of plaintiff’s complaint as untimely (Doc. 7) but defendant’s subsequent investigation revealed plaintiff’s complaint was indeed timely. Doc. 10. Judge Love then withdrew the report (Doc. 11) and ordered the parties to file briefs. Doc. 15. To date, plaintiff has neither filed a brief nor requested an extension. On December 3, 2019, Judge Love issued a subsequent re- port recommending that plaintiff’s complaint be dismissed without prejudice for failure to comply with the court’s order to file a brief. Doc. 16. A copy of this report and recommenda- tion was served on the parties via the court’s CM/ECF elec- tronic filing system.

Neither party filed any objections. The court finds no “clear error on the face of the record.” Douglass v. United Servs. Auto. Ass'n,

(Sth Cir. 1996) (en banc) (cleaned up). Accordingly, the report and recommendation (Doc. 16) is adopted. Fed. R. Civ. P. 72(b)(3). Plaintiff's complaint is dismissed without prejudice. In addi- tion, plaintiff's counsel, Kami Lynn Nedbalek, is ordered to

reimburse plaintiff for all filing fees that plaintiff paid in this case. The payment to plaintiff shall be made no later than 30 days from the entry of this judgment, and counsel shall file a notice of compliance with the court no later than 7 days after payment is made. Failure to comply with this order will result in additional sanctions.

So ordered by the court on December 19, 2019. [Lacks BARKER United States District Judge